In short: In Cintron v. Aurora Loan Services, a Miami-Dade homeowner appealed a foreclosure judgment entered after trial. She argued the bank’s witness and exhibit list was defective, that a successor servicer’s employee could not lay the foundation for the prior servicer’s records, and that undated endorsements did not prove standing when suit was filed. The Third District affirmed on November 20, 2013, without a written opinion, and denied rehearing on December 24, 2013.
The Facts
Aurora Loan Services sued Gloria Cintron to foreclose a mortgage on her home in Miami-Dade County. The case went to a bench trial, and the trial court entered a final judgment of foreclosure for Aurora. Cintron appealed (No. 3D12-3322), and the Third District heard oral argument on October 23, 2013.
By the time of trial, Nationstar had acquired Aurora and become the servicer. The bank’s witness was a Nationstar employee, and the bank offered a power of attorney from Aurora that was not on its exhibit list. The points below are what the lawyers argued at oral argument, not findings by the court.
- Cintron argued the trial order required a witness and exhibit list that was never docketed, did not name the witness, and did not list the power of attorney or the pooling and servicing agreement, so that evidence should have been stricken.
- She argued the Nationstar witness had no personal knowledge of how Aurora’s records were created, so his testimony about the loan, the payment history and the lost note was hearsay.
- She argued the endorsements, including one to Lehman Brothers, were undated and that the mortgage assignments were recorded after suit was filed, so the bank did not prove standing on the day it sued.
- Aurora argued the list was served by email, the power of attorney was cumulative, and there was no unfair surprise or prejudice. It argued the witness described Nationstar’s boarding and due-diligence process and was never cross-examined on the foundation.
- On standing, Aurora relied on testimony that the loan was pooled and endorsed shortly after the 2005 origination, that Aurora serviced the loan for Lehman, and on a mortgage assignment dated June 1, 2009, before the suit. It argued that the date an assignment is made, not the date it is recorded, is what matters.
- Asked by the panel, Cintron’s counsel said she did not believe a continuance to depose the Nationstar witness was requested at trial.
The Decision
The Third District affirmed on November 20, 2013. The ACIS docket lists the disposition as “Per Curiam Affirmed,” which means the court did not issue an opinion explaining its reasons. Cintron moved for rehearing and rehearing en banc; both were denied on December 24, 2013, and the mandate issued January 9, 2014.
Because there is no opinion, the affirmance does not tell us which argument failed or why. It means the foreclosure judgment stands. It is not a ruling that undated endorsements always prove standing or that an unlisted exhibit is always harmless.
The Law
Section 673.3011 defines who may enforce a promissory note: the holder, a nonholder in possession with the rights of a holder, or a person entitled to enforce a lost, destroyed or stolen note under section 673.3091. Florida courts require the foreclosing plaintiff to have standing when it files suit, not just at trial, which is why the timing of an endorsement or assignment can matter.
Business records come in under the hearsay exception in section 90.803(6) when a qualified witness lays the foundation. The fight in this appeal was whether an employee of a successor servicer can do that for records created by the prior servicer.
Trial orders requiring witness and exhibit lists are enforced in the trial court’s discretion. Striking evidence is a serious sanction, and the usual question on appeal is whether the other side was unfairly surprised or prejudiced. A party who claims surprise but does not ask for a continuance gives the appellate court less to work with.
Current law (2026): In 2013 the Legislature added section 702.015. In a residential foreclosure, the complaint must now allege that the plaintiff holds the original note or state the facts that make it entitled to enforce the note, a plaintiff in possession must file a sworn certification of possession with the complaint, and a plaintiff suing on a lost note must attach an affidavit tracing the chain of transfers.
Lessons
- Standing is measured on the day the complaint is filed. If the endorsement is undated, ask what other evidence shows when it was placed on the note.
- An objection to an unlisted exhibit or witness is strongest when you can show real prejudice and ask for a continuance on the spot.
- Cross-examine a successor servicer’s witness on what the witness actually knows about the prior servicer’s record-keeping. An unchallenged foundation is hard to attack on appeal.
- A per curiam affirmance without an opinion settles that case only. It does not announce a rule for other foreclosures.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
⚖️ Unlisted Power of Attorney, Undated Endorsements & Standing | Cintron v. Aurora, 3D12-3322
Go Deeper
- Note Payable to a Bank 'Division': Did a Merger Give TD Bank Standing? (Stone v. TD Bank)
- Dismissal With Prejudice Reversed Over a $500 Sanction Mix-Up (U.S. Bank v. Whyte)
- Florida's Robo-Signing Scandal: What Happened in 2010 and the Rules It Left Behind
Frequently Asked Questions
Does an undated endorsement prove the bank had standing to foreclose?
Not by itself in every case. Florida requires standing when the suit is filed, so the bank usually needs other evidence of when the note was endorsed or transferred, such as testimony or a dated assignment. In Cintron the bank relied on testimony about when the loan was pooled and on an assignment dated before suit, and the judgment was affirmed without an opinion.
Can a new loan servicer's employee testify about the old servicer's records?
A successor servicer’s witness can sometimes lay the business records foundation under section 90.803(6), depending on what the witness knows about how the records were made and checked when they were transferred. The homeowner in Cintron argued the Nationstar witness lacked that knowledge; the bank pointed out he was never cross-examined on it.
What happens if the bank uses a document that was not on its exhibit list?
The trial court decides whether to exclude it, and appellate courts look for unfair surprise and prejudice. Asking for a continuance to deal with the surprise is often important. In Cintron the power of attorney was admitted, and the affirmance left that ruling in place.
Does recording a mortgage assignment after suit is filed defeat standing?
The bank in Cintron argued that the date the assignment is made, not the date it is recorded, controls standing. The Third District affirmed without a written opinion, so the case itself does not decide that question.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
